Skip to main content

Full text of "DC Contract with Lexis for 2013"

See other formats


OFFICE OF THE GENERAL COUNSEL 

Council of the District of Columbia 

1350 Pennsylvania Avenue NW, Suite 4 

Washington, DC 20004 

(202) 724-8026 



January 18, 2013 

VIA EMAIL 

Tom MacWright 
tom@macwright. or g 

RE: Council FOLA Matter 2013-002 

Dear Mr. MacWright: 

This letter is in response to your Freedom of Information Act request to the 
Council of the District of Columbia for a copy of the Council's contract with 
LexisNexis for calendar year 2013. 

The requested record is attached. Redactions were made in accordance with 
D.C. Official Code § 2-534(a)(2), where the release of information to the 
public does not outweigh the personal privacy interest of an individual 
and where disclosure of the information would inhibit the public from 
reporting illegal activity or filing complaints. Based on this exemption, the 
names, home telephone numbers, addresses, and email addresses of 
individuals that fall within those categories have been redacted. 

If you are dissatisfied with the determinations set forth in this letter, you 
may file a civil action in the Superior Court of the District of Columbia 
pursuant to D.C. Official Code § 2-537(a-l). 

Please don't hesitate to contact me at 202.724.8026 or 
vzvenyach@dccouncil.us if you have any questions or concerns about this 
matter. 

Regards, 

/s/ V. David Zvenyach 

V. David Zvenyach 
General Counsel 



SOLICITATION, OFFER, AND 
AWARD 



1 Caption 

Publication of DC Official Code and 
Replacement Volumes 



Page of Pages 



24 



2. Contract Number 



3. Solicitation Number 
DCA8-2013-R-00FP 



7. Issued By 

Councrl ol the District of Columbia 

Office of the Secretary 

13S0 Pennsylvania Avenue. N.W.. Suite 5 

Wa sh i ngton, D.C 20004 



aype of Solicitation 
Sealed Bid (ifb) 
-fr- Sealed Proposals (RFP) 
Soto Source 
Emergency 



5. Date Issued 
3/27/12 



6 Type of Matkel 
-^X- Qpen 
Set Aside 

Open Market with Set-Aside 
SBE Designated Category 



8. Address Offer to: 

Council of the District of Columbia 

Office of the Secretary 

13SO Pennsylvania Avenue, N, W., Suite 5 

Washington, DC 20004 



NOTE In sealed bid solicitations "offer" or "offeror" means "bid or ^bidder" 



SOLICITATION 



9. Sealed Offers shall be furnished to Dawn Cromer on or before April 24, 2012 by 4:00 PM 

Located at Council of the District of Columbia, Office of the Secretary, 13S0 Pennsylvania Avenue, NW„ Suite 5, Washington, DC 20004 until 4:00 PM 

CAUTION Lale submission, Modifications and Withdrawals are subject to all lerms & conditions contained in soitalation 



10 For 

information 

Contact 



A. Name 



Dawn Cromer 



B Telephone 



[Area 

Code) 

202 



{Number) 
724-8127 



(Ext) 



C. E-mail Address 



dcromer@dccouncil.us 



11 Table of Contents 



(X) 1 Section - 



Description 



Page No. 



PART I - THE SCHEDULE 



>ol I citation/Contract Form 



i.u pplies or Services and Price/Cost 



Specifications/Work Statement 



Packaging and Marking 



Inspection and Acceptance 



Deliveries or Performance 



Contract Administration Data 



Special Contract Requirements 



u 



11 



u 



12 



14 



(X) 



Jirrcsie.n [ 



Description 



PageW 



PART It - CONTRACT CLAUSES 



T 



[Contract Clauses 



L4 



PART III -LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHME MTS 



X | J fichedule Price Matrix 



16 



PART IV - REPRESENTATIONS AND INSTRUCTIONS 



Representations, certification and other 
statements of offerors 



Instructions, conditions & nonces to offerors 



16 



19 



OFFER 



12. In coniunction with the above, the undersigned agrees, if this offer is accepted within 12 calendar days from the receipt 

ol offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each Item, delivered at the designated point(s), within the time 

specified herein. 



13. Discount lor Prompt Payment 



10 Calendar days K 



20 Calendar days % 



14. Acknowledgement ol Amendments (The offeror 
acknowledges receipt of amendments to the 
SOLICITATION): 



Amendment Number 



ISA. 

Name and 

Address of 

Offeror 



Matthew Bender & Co., Inc. 
c/o Brian Kennedy 

701 E Water Street 
Charlottesville, VA 22902 



30 Calendar days % 



. Calendar days % 



Date 



Amendment Number 



Date 



1 6. Name and Title of Person Authorized to Sign Offer/Contract 

Anders P . Ganten 

Senior Director 

Government Content Acquisition 




A I IA( IIMI M A 



B.3 PRICE SCHEDH i 

*TKc District docs nut guarantee that the Bidder will receive the estimated quantity. 

B.3.1 BASH YEAH 



Contract 

Line 
Item No. 

(CLIN) 


Item l)c.scri|niiiu 

(its specified in Section 

OS) 


Fstimated 

Quantity 


Unit (s) 


Price Per 
Unit 

(Each) 


Maximum 
Total Price 


C.2.1 


DC Code Online ( Section 
i I, 


1 


Set 


$_ o 


$ 


C.2.4 


Cumulative Pocket Pails 
and Index (Section J , 1 . 1 ) 


490 


Set 


$ 115.00 


$56,350 


C.2.4 


Cumulative Pamphlet 
Supplements (Section J. 1 . [ ) 


4<) u 


Stsl 


.00 


2,340 


C.2.4 


Replacement Volumes 
(Section J. 1.1) 


490 


Sel 


S33.00* 


$ lb, 170* 


B.1 


DC. Court Rubs 
Annotated or Other 


2 


Sel 


■ 


$ o 


C.4 


CI.) Rom Version of the 
iffidatCode 


10 


En 


S 


3 i 


BASE YEAR TOTAL 


$104, 860 



* Unit price and maximum total price is for 1 n ume. 



Page 2 of 24 

DCAB-20I3-R-00FP 

Publication of DC Official Code and Replacement Volumes 



PAYMENT IDENTIFICATION NO 

The District of Columbia has an automated vendor data base. The system is the Data- 
Universal-Numbering-Systcm (D-U-N-S) which is a numbering system designed and 
maintained by the Dun & Bradstreet Corporation. All firms are required to submit their 
D-U-N-S number as part of their offer. To determine if you have a valid D-U-N-S 
number, please contact the closest Dun & Bradstreet Office. If a number has not been 
previously assigned to your firm, you must get one assigned. There is no charge to have 
a number assigned nor docs Dun & Bradstreet require you to provide credit rating 
information in order to receive a D-U-N-S number. 

Individuals must submit their social security numbers since D-U-N-S numbers are not 
assigned to individuals. 



Please list below applicable vendor information: 

D-U-N-S Number 

Federal Tax ID Number 

Social Security Number 

Legal Name of Entity Assigned this Number 

Street Address and/or Mailing Address 

City, State, Zip Code 

Type of Business 

Telephone Number 



00-207-3997 



19170 



N/A 



Matthew Bender 
& Co. , Inc . 

701 E Water Street 
Chariot tea vi lie , 
VA 22902 

Legal Publisher s 
434.972 .7614 



PAYMENT UNDER TERMS OF ANY CONTRACT RESULTING FROM THIS 
SOLICITATION WILL BE HELD IN ABEYANCE PENDING RECEIPT OF A 
VALID TAX ID NUMBER, D-U-N-S NUMBER OR SOCIAL SECURITY 
NUMBER. 



PART I 



SECTION B — SUPPLIES OR SERVICES AND PRICE/COST 



B.l The Council of the District of Columbia, Office of the Secretary, is seeking a 

Contractor to publish the District of Columbia Official Code, 2001 Edition ("D.C. 
Official Code" or "2001 Edition") online and to prepare, print and bind the D.C. 
Official Code pocket parts, pamphlet supplements, replacement volumes, 
replacement indexes. District of Columbia Court Rules, and D.C. Official Code 
on CD-Rom. The Council will purchase 490 sets of replacement and 
supplemental materials to the 2001 Edition under the contract. The 
Contractor will ship 40 sets to the Council and 450 sets to individual agencies 
of the District and federal governments. The Council will provide the 
Contractor with a current list of agencies that use the 2001 Edition. The 
Contractor will be expected to supply these materials and provide sufficient 
material to meet the demand of the public. 

B.l. 2 The duration of the resulting contract will be one [1) year with four (4) option 

years. 

B.1.3 This solicitation places a greater emphasis on the maintenance of the D.C. Code 

Official Code online than prior solicitations to publish the D.C. Official Code as a 
reflection of the growing demand for the online product. 

B.1.4 Offerors must submit their price proposal on the Schedule Price Matrix 

provided for this purpose incorporated herein as Attachment J.l 

B.2 ORDERING CLAUSE 

B.2.1 Any services to be furnished under this agreement must be ordered by issuance 

of a purchase order by the Contracting Office or Ordering Official. Such orders 
may be issued during the term of this agreement 

B.2. 2 All purchase orders are subject to the terms and conditions of this agreement. 

In the event of a conflict between the purchase order and this agreement, the 
agreement shall control. 

B.2.3 If mailed, the purchase order is considered "issued" when the Council of the 

District of Columbia deposits the order in the mail. Orders may be issued by 



facsimile or by electronic commerce methods. 

SECTION C: DESCRIPTION/SPECIFICATIONS/WORK STATEMENT 

CI INTRODUCTION 

C.l.l The contract requirements relate to the publication of the D.C. Official 

Code, 2001 Edition ("D.C. Official Code ") online, the current 24 bound volumes, 
the annual bound index, the biannual updating of the D.C, Official Code, 
production of the D.C. Official Code on CD-ROM, and the sale of the D.C. Official 
Code to the public. 

C.2 SCOPE OF WORK 

C.2.1 MAINTENANCE OF THE D.C. OFFICIAL COPE ONLINE 

C.2.2 The Contractor will publish the D.C. Official Code online, without annotations 

citing to court decisions, on a website dedicated to the District of Columbia 
Official Code online. The D.C. Official Code online will be available at all 
times to the public. The Contractor will design the D.C. Official Code online at 
the direction of the Codification Counsel. At least 2 employees of the Council's 
Office of the General Counsel will have the ability to update the D.C. Official 
Code online at any time. In concert with the Contractor, the employees will 
have the ability to update the D.C. Official Code online after Council enrollment 
of legislation and before the legislation becomes effective as law. The 
amendments to the D.C. Official Code online made by the employees shall 
remain hidden from the public and not become part of the D.C. Official Code 
online until the Codification Counsel indicates that the amendments have 
become law. Once the Codification Counsel has so indicated, the amendments 
to the D.C. Official Code online shall appear online and be available to the 
public. The Contractor must be flexible in the design of the website and 
comply with all design elements and upgrades required by the Codification 
Counsel. To the extent that the employees of the Office of the General Counsel are 
able to effectuate design changes to the D.C. Official Code online, they will 
have the freedom to do so as they determine. The Contractor shall supply all 
necessary training to the employees as required for the employees to 
maintain the D.C. Official Code online in a manner consistent with this 
paragraph. The copyright to the D.C. Official Code online shall be in the name 
of the District of Columbia. 

C.2. 3 Users of the D.C. Official Code online will be able to search the D.C. Official 

Code online by specific words or phrases or section numbers, and view and 
print multiple sections within chapters of the D.C. Official Code. 

i 



C.2.4 PREPARATION OF CUMULATIVE SUPPLEMENTS AND REPLACEMENT 

VOLUMES 

C.2.5 The Contractor shall prepare the text of 1) the annual cumulative pocket part 

supplements for all volumes of the D.C. Official Code; 2) the annual pamphlet 
supplements; and 3) the replacement volumes of the D.C. Official Code as 
directed by the Codification Counsel. The Contractor shall maintain the format 
of the D.C. Official Code substantially in its present form. Which volumes of the 
D.C. Official Code to be replaced on an annual basis will be determined by the 
Codification Counsel in consultation with the Contractor. It is anticipated that 
the Council may replace between and 3 volumes per year. 

C.2.6 The Contractor shall prepare and update the tables included in Volume 23 of 

the D.C. Official Code as directed by the Codification Counsel. 

C.2.7 The Contractor shall prepare and update the following items for each 

statutory provision in the cumulative supplements and replacement 
volumes: 

C.2.7.1 Annotations to court decisions that interpret or involve sections in the D.C. 
Official Code, including decisions of the Superior Court of the District of 
Columbia published in the Daily Washington Law Reporter, and decisions 
reported in the Atlantic Reporter, Federal Supplement; Federal Reporter, and the 
Supreme Court Reporter. 

C.2.7.2 Cross references, at the direction of the Codification Counsel, to related D.C. 
Code provisions and other sections of the District of Columbia Municipal 
Regulation, D.C. Official Code, or U.S. Code that make reference to the subject 
section; 

C.2.7.3 Citations to prior law that is repealed or amended by the subject section 
[historical cite lines to repealed law shall remain intact); 

C.2.7.4 Historical annotations that provide the following Legislative history of the 

subject section: D.C. Law No., not including temporary laws, or Public Law No.: 
D.C. Register Cite or Statute- At-Large cite; effective or approval date; 

C.2.7,5 Synopses of amendments made to the subject section; 

C.2.7.6 References to pertinent emergency legislation, Mayor's Orders, and 
resolutions; 

C.2.7, 7 Notes referencing changes in the District of Columbia government structure, as 
directed by the Codification Counsel; 



C.2,7.8 Annotations to court decisions regarding prior law that was repealed or 
replaced by the subject section; 

C.2.7.9 Notations, where appropriate, within the historical citation of the subject 

section denoting that the section amended prior law by either adding a new 
section or redesignating a section of that law; 

C.2.7.10 Legislative history of" law notes; 

C.2.7.1 1 Short titles notes especially to omnibus legislation and the annual budget support 

act; 

C.2.7.1 2 Effective date notes; 

C.2.7.13 Implementing regulations notes; 

C.2.7.14 Editor's notes; 

C.2.7.15 Amendment notes; 

C.2.7.16 Applicability date notes; 

C.2.7.17 Sunset provision notes; 

C.2.7.1 8 Expiration date notes; and 

C.2.7.19 Such other notes as are specifically needed, at the direction of the Codification 
Counsel. 

C.2.8 Temporary laws shall not be included in the historic cite lines 

C.2.9 The Contractor shall be responsible for editorial work, composition, 

consolidation, presswork, preparation of text and notes, and binding. The 
Contractor shall use the layout, style, arrangement, paper, type size, style and 
area, page trim size, type face, type size or text, notes, catch lines, chapter 
analysis and running heads, margins of head, foot, back and front, ink, cover, 
binding, page numbering, tables of contents, section head notes, running heads, 
user's guide, telltale grammatical corrections, format, and other specifications 
used in the publication of the 2001 Edition volumes, as amended by these 
contract specifications. 

C.2.10 The Contractor shall be responsible for setting of composition. Type size, 
grammatical corrections, and format shall be substantially identical to the 



2001 edition and conducive to readability. The Contractor shall minimize 
the bulk within the rear cover of each supplemented volume. 

C.2.11 The Contractor shall use 35 pound, by weight, or heavier book publishing grade 
paper for the cumulative pocket part supplements. 

C.2.12 Trim size for the supplements shall be 6-1/8" X 9-7/8" and trim size for the 
bound volumes shall be 6-5/8 x 10". 

C.3 PREPARATION OF THE INDEX 

C.3. 1 The Contractor shall prepare a cumulative replacement index which shall 

include all laws in the cumulative pocket part supplements and the replacement 
volumes. The Contractor shall use 35 pound, by weight, or heavier book 
publishing grade paper for the replacement index. The Contractor shall 
engage the services of a professional indexer in preparation of the annual 
index. 

C3.2 PUBLICATION OUTSIDE THE SUPPLEMEN TS AND REPLACEMENT VOLUMES 

C.3.3 At no time may the Contractor publish the text in any form as a 

codification, classification, or merger of the laws of the District of Columbia 
without the approval of the Codification Counsel. 

C.4 The Contractor shall provide the entire D.C. Official Code on CD-Rom, along with 

D.C. court cases, for sale to the public. 

C.4.1 The Contractor shall provide 10 copies of the DC. Official Code on CD-Rom to the 

Council at no additional charge. 



C.5 COPYRIGHT 

C 5.1 The cumulative pocket part supplement and the pamphlet supplements to each 

volume, the replacement indexes, and the replacement volumes to be 
designated shall indicate the copyright of the District of Columbia over its 
contents and shall be copyrighted in the name of the District of Columbia. 

C.6 ERRATA SHEET 

C6.1 Errata sheets to correct errors in the annual cumulative pocket part 

supplement's and replacement volumes shall be prepared and distributed 
by the Contractor, in consultation with and at the direction of the 
Codification Counsel. Errata sheets shall be used to correct errors which, 
in the opinion of the Codification Counsel, may substantially mislead the 



public. 

C.7.2 The Council maintains all enrolled legislation in the most current version of 

either Word Perfect or Microsoft Word. The Contractor may receive all 
legislation via electronic transfer. 

C.8 QUALIFICATION OF EDITORS 

C.8.1 Only a person holding a law degree from an ABA accredited law school shall 

be allowed to serve as an editor of the text for the cumulative 
pocket part supplements and the replacement volumes prepared 
under this contract. The person or persons responsible for editing the 
D.C. Official Code shall demonstrate a thorough knowledge of the local 
legislative process in the nation's capital including the Council's use of 
emergency, temporary, and permanent legislation, and the roles played 
by the United States Congress in the District's legislative process. 

C.9 E QUIPMENT LIST 

C.9.1 Each offeror shall list the equipment it will use to maintain the D.C. Official 

Code online and to produce the cumulative pocket part supplements, the 
replacement volumes to be designated, and the replacement index. 

CIO RESPONSIBILITIES OF THE DISTRICT OF COLUMBIA 

C.10.1 The Codification Counsel shall make the ultimate decisions as to the material to 
be included in the cumulative pocket part supplements, the replacement 
volumes, the CR-Roms, the D.C. Official Code online, and any D.C. law codified 
by the Contractor in any form, at anytime, during the life of the contract. No 
material may be published or marketed as District law without approval of the 
Codification Counsel. 

CIO. 2 The Codification Counsel shall approve the format and wording of notes and 
annotations. 

C.10.3 The Codification Counsel shall provide the Contractor with the following 
source material: 

C.10.3.1 Electronic copies of pertinent laws and emergency legislation enacted by the 
Council, cites to pertinent federal laws, cites to pertinent rules that 
require cross reference to pertinent sections of the D.C. Official Code, cites 
of pertinent Mayor's Orders and resolutions, and cites to pertinent 
initiatives and reorganization plans; 



C.10.3.2 Legislative history information for pertinent laws and emergency legislation; 

C.10.3.3 Preliminary placement charts for emergency, temporary, and permanent D.C. 
laws, U.S. public laws, resolutions, D.C. Municipal Regulation, Mayor's 
Orders, miscellaneous corrections, initiatives, reorganization plans, and rules 
amending controlled substances schedules; and 

C. 10.3.4 Information needed to update the D.C. Laws Not Codified Table. 

C.ll PROOFREADING 

C.ll.l The Contractor shall be held wholly responsible for proofreading the entire 
work and delivering the finished work completely free of errors. Galley proofs of 
each cumulative pocket part supplement, pamphlet supplement and 
replacement volumes shall be provided to the Codification Counsel for review at 
least three [3) weeks prior to final printing of each pocket part supplement 
and replacement volume. Errors discovered by the Codification Counsel 
during the course of this review shall be transmitted to the Contractor by 
telephone or in writing and corrected by the Contractor in the final printing. 

C.12 MARKETING RESPONSIBILITIES 



C.12.1 SALES TO SUBSCRIBERS 

CI 2.2 The offeror shall include as part of this offer an estimate of the projected cost to 
subscribers, other than the District government, of the cumulative pocket part 
supplements, pamphlet supplements, replacement volumes, and the replacement 
index. The offeror shall project the maximum prices to be charged for the set 
which includes the cumulative pocket part supplements, pamphlet 
supplements, replacement volumes, and the replacement index, the charge for 
the replacement index only, for replacement volumes only, and for each 
individual pocket part pamphlet supplement. These prices may be revised or 
adjusted from time to time during the term of this contract by the offeror 
with the approval of the Codification Counsel. 

C.12. 3 The District will grant to the Contractor exclusive right to print, distribute and 
sell, in printed, bound-book format, and in electronic format sets and volumes 
of the D.C. Official Code and supplements and the D.C. Official code online for 
a period of 1 year, with 4 option years to be exercised at the Council's discretion. 

C.12.4 All of the Contractor's exclusive rights to print, sell and distribute the D.C. 
Official Code, 2001 Edition and supplements thereto shall terminate upon 
contract expiration. 



C12.5 PURCHASES RV THE DISTRICT 

C.12.6 The Council, will not be obligated to purchase any of the cumulative 
supplements, replacement volumes, or the replacement index, either as a 
subscriber or for any other reason, beyond 490 copies. 

C.12.7 MAINTAINING INVENTORY 

C.12.8 The successful offeror shall print as many sets of the cumulative pocket part 
pamphlet supplements, replacement volumes, and the replacement index 
as requested by current and future DC. Official Code subscribers and shall 
maintain sufficient inventory of complete current sets of the 2001 edition of 
the D.C. Official Code, including the most recent replacement volumes and 
cumulative pocket part and pamphlet supplements, for sale as requested by 
current and future D.C. Official Code subscribers. 

C.12.9 The District shall not be liable for any inventory that is maintained by the 
Contractor during the term of the contract, or any inventory existing upon 
expiration or termination of the contract. The Contractor may agree to sell its 
existing inventory to a successor of the contract upon mutual agreement by both 
parties. 

C.12.10 INTERNET AND TOLL-FR EE ORDERING 

C.12.11 The successful offeror shall provide a toll-free number and internet ordering for 
subscribers and potential subscribers from anywhere in the continental 
United States for assistance or to place orders. 

C.13 SUBMISSION OF COMPUTER TAPES AND PROGRAMS TO THE 

DISTRICT 

C.13.1 The successful offeror, upon completion of the publication requirements of 
this contract, shall submit to the District government copies of all computer 
tapes, in the format acceptable to the District, and any other publication 
medium used in the preparation of the supplements and replacement volumes. 

C.14 SUBSCRIBER'S LIST 

In order to maintain the continuity of the subscriber base to the D.C. Official 
Code, the Contractor will provide a current list of subscribers to the D.C. Official 
Code by February 1 and August 1 of each year. The subscriber list will 
include the name, full shipping address of the subscriber and the quantity of code 
updates received by the subscriber. The successful bidder would have access 
to the Council's current list of subscribers to the D.C. Official Code as supplied 
by its current Contractor. 



PART I 
SECTION D — PACKAGING AND MARKING 

D.l IDENTIFICATION 

D.l.l The Contractor will mark at] sets of the D.C. Official Code sold to any 

District of Columbia agency pursuant to the this contract by stamping the 
legend "Property of the District Government" on the outside cover of each 
replacement volume. 

D.1.2 The replacement volumes shall be marked on the binding with the year of 

the replacement and the words "Replacement" printed above the volume 
designation. 

PARTI 

SECTION E — INSPECTION AND ACCEPTANCE 

El INSPECTION AND ACCEPTANCE 

The inspection and acceptance requirements for the resultant contract shall be 
governed by clause number six (6) Inspection of Services, of the Government of 
the District of Columbia's Standard Contract Provision for use with Supplies and 
Services Contracts, dated March 2007. 

PART I 

SECTION F— DELIVERIES OR PERFORMANCE 

F.l TERM OF CONTRACT 

F.1.2 The term of the contract shall be for a period of one (1) year from date of award, 

with four (4) option years. 

F.2 TIME OF DELIVE RY E SSEN TIAL 

F.2.1 Time of delivery is of the essence. Delivery of the annual supplements to the 

D.C. Official Code shall be made on or before June 15th of each calendar year. 

F.3 DELIVERY 

F.3.1 The cumulative pocket part supplements and pamphlet supplements, the 

replacement volumes, the replacement indexes, and the CD-Roms shall be 



packaged in sets and delivered as follows: 

(1) 40 sets to the Council; and 

(2) Up to 450 sets delivered to individual District of Columbia government 
subscribers using address information supplied by the Council prior to the 
shipment date. Any undeliverable packages shall be sent to the Council. 

F.3.2 The Contractor shall supply a full set of the 2001 Edition upon request by any 

individual. 

F.3.3 The Contractor shall supply any current individual volume of the 2001 Edition 

upon request by any individual. 

PART I 

SECTION G — CONTRACT ADMINSTRAT10N DATA 

G.l PAYMENT 

G.l.l The District shall pay the Contractor upon receipt and approval of the required 

services specified herein by the Contracting Officer's Technical Representative 
(COTR). 

G.2 DELIVERY RECEIPTS AND INVOICES 

G.2.1 Upon completion of all deliveries signed and dated delivery receipts and 

invoices shall be sent to: 

Council of the District of Columbia 

1350 Pennsylvania Avenue, N.W., Suite 5 

Washington, D.C. 20004 

Jamaine Taylor 

Telephone: (202) 724-8080 

Email: jtaylorPdccouncil.us 

G.2.2 In accordance with District of Columbia Procurement Regulations, all goods and 

services delivered within a fiscal year (October 1 - September 30) must reflect an 
invoice date no later than September 30 th . In order to comply with District of 
Columbia Procurement Regulations, all invoices submitted under this contract 
must reflect the following: 

(a) Invoice Date reflecting date of delivery; 

(b) Service/Billing Period no later than September 30"' of the active fiscal year. 



G.3 CONTRACTING OFFICER 

G.3.1 The Contracting Officer is the only District official authorized to 

contractually bind the District through signing contract documents. All 
correspondence to the Contracting Officer shall be forwarded to: 

Nyasha Smith 

Secretary to the Council 

Office of the Secretary 

Council of the District of Columbia 

1350 Pennsylvania Avenue, N.W., Suite 5 

Washington, D.C. 20004 

Telephone: [202] 724-8080 

Email: nsmith@dccouncil.us 

G. CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE (COTR) 

G.4 The COTR is responsible for the technical administration of the contract 

and advising the Contracting Officer as to the Contractor's 
compliance or noncompliance with the contract. In addition, the COTR is 
responsible for the day-to-day monitoring and supervision of the contract, 
or ensuring that the work conforms to the requirements of this contract 
and such other responsibilities and authorities as may be specified in 
writing by the Contracting Officer. The COTR for this contract is: 

Office of the General Counsel 
Council of the District of Columbia 
1350 Pennsylvania Avenue, N.W., Suite 4 
Washington, D.C. 20004 
Attn: Ben Bryant 
Telephone: (202) 724-8026 
Email: bbryanttadccouncilus 

G.5 REQUEST FOR PROPOSAL CONTACT PERSON 

G.5.1 The contact person is responsible for answering any questions relative 

to the Request for Proposal. Any questions shall be submitted no later 
than live [5) calendar days prior to the closing date to the following: 

Office of the Secretary 
Council of the District of Columbia 
1350 Pennsylvania Avenue, NW, Suite 5 
Attn: Dawn Cromer 



Washington, D.C. 20004 
Telephone; [202] 724-8127 
Email: dcr o m e r # d ceo u n c i 1 . u s 



H.I DEPARTMENT OF LABOR WAGE DETERMINATIONS 

The Contractor shall be bound by the Wage Determinations No. 2005-2103, 
Revision No. 8. dated May 26, 2009, issued by the U.S. Department of Labor in 
accordance with the Service Contract Act (41 U.S.C. 351 et seq.) and 
incorporated herein as part of this solicitation. The Contractor shall be bound by 
the wage rates for the term of the contract. If an option is exercised, the 
Contractor shall be bound by the applicable wage rate at the time of the option. If 
the option is exercised and the Contracting Officer obtains a revised wage 
determination, the revised wage determination is applicable for the option 
periods and the Contractor may be entitled to an equitable adjustment. 

PART II 

1.1 APPLICABILITY OF STANDARD CONTRACT PROVISIONS 

The Standard Contract Provisions for use with District of Columbia 
Government Supplies and Services Contracts, dated March 2007 ("SCP*), are 
incorporated as part of the contract resulting from this solicitation. To 
obtain a copy of the SCP go to www.oip.dc.gov. click on 0CP Policies 
under the heading "Information", then click on "Standard Contract 
Provisions — Supplies and Services Contracts". 

1.2 CONFIDENTIALITY OF INFORMATION 

All information obtained by the Contractor relating to any employee or 
customer of the District shall be kept in absolute confidence and shall not 
be used by the Contractor in connection with any other matters, nor shall 
any such information be disclosed to any other person, firm, or 
corporation, in accordance with the District and Federal laws governing the 
confidentiality of records. 

1.3 RIGHTS IN DATA 

1.3.1 "Data," as used herein, means recorded information, regardless of form or 

the media on which it may be recorded. The term includes technical data 



and computer software. The term does not include information incidental to 
contract administration, such as financial, administrative, cost or pricing, 
or management information. 

1.3.2 All data first produced in the performance of this contract shall be the sole 
property of the Council. The Contractor hereby acknowledges that all 
data, including, without limitation, computer program codes, produced by 
Contractor for the Council under this Contract, are works made for hire 
and are the sole property of the Council; but, to the extent any such data 
may not, by operation of law, be works made for hire, Contractor hereby 
transfers and assigns to the Council the ownership of copyright in such 
works, whether published or unpublished. The Contractor agrees to give 
the Council all assistance reasonably necessary to perfect such rights 
including, but not limited to, the works and supporting documentation 
and the execution of any instrument required to register copyrights. The 
Contractor agrees not to assert any rights in common law or in equity in 
such data. The Contractor shall not publish or reproduce such data in 
whole or in part or in any manner or form, or authorize others to do so, 
without written consent of the Council until such time as the Council may 
have released such data to the public. 

1.3.3 The Contractor shall keep computer programs for safekeeping [archives) 
or backup purposes; and modify the computer software and all accompanying 
documentation and manuals or instructional materials, or combine it with other 
software, subject to the provision that the modified portions shall remain 
subject to these restrictions. 

1.3.4 Nothing contained in this clause shall imply a license to the Council under 
any patent, or be construed as affecting the scope of any license or other 
right otherwise granted to the Council under any patent 

1.4 SUBCONTRACTS 

The Contractor hereunder shall not subcontract any of the Contractor's work or 
services to any subcontractor without the prior written consent of the 
Contracting Officer. Any work or services so subcontracted shall be performed 
pursuant to a subcontract agreement, which the Council will have the right to 
review and approve prior to its execution by the Contractor. Any such 
subcontract shall specify that the Contractor and the Subcontractor shall be 
subject to every provision of this contract. Notwithstanding any such 
subcontract approved by the District, the Contractor shall remain liable to the 
Council for all Contractor's work and services required hereunder. 



PART III 



J.l SCHEDULE PRICE MATRIX 

J.ll AGGREGATE AWARD CROUP 



OuantitvllnitCost ner vear 

Item No. C.Z.I 

D.C. Code online 1 

Item No, C.2.4 

Cumulative Pocket 490 

Parts and Index 

Item No. C.2.4 
Cumulative Pamphlet 
Supplements 490 

Item No. C.2.4 

Replacement Volumes 490 

Item No. B.l 

D.C. Court Rules 

Annotated or Otherwise 2 

Item No. C.4 

CD-Rom Version of the 

D.C. Official Code 10 



Set $0.00 



§ et $231.00 



S et $101.00 



Set $37.00 



Set $0-00 



Ea 50.00 



SECTION K: REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF BIDDERS 
K.l TYPE OF BUSINESS ORGANIZATION 

K.l.l The bidder, by checking the applicable box, represents that 

(a) It operates as: 

X a corporation incorporated under the laws of the State of Wew York : 

.an individual, 

a partnership, 

a nonprofit organization, or 

a joint venture. 






[b) If the bidder is a foreign entity, it operates as: 

_an individual, 

a joint venture, or 

— a corporation registered for business in 



K.3 BUY AMERICAN CERTIFICATION 

The bidder hereby certifies that each end product, except the end products listed 
below, is a domestic end product (as defined in Paragraph 23 of the SCP, "Buy 
American Act"), and that components of unknown origin are considered to have 
been mined, produced, or manufactured outside the United States. 
EXCLUDED END PRODUCTS COUNTRY OF ORIGIN 

K.4 DISTRICT EMPLOYEES NOT TO BENEFIT CERTIFICATION 



Each Bidder shall check one of the following: 

_* No person listed in Clause 13 of the SCP, -District Employees Not To Benefit" 
will benefit from this contract. 

_ The following person(s] listed in Clause 13 may benefit from this contract. 
For each person listed, attach the affidavit required by Clause 13 of the SCP. 



K.5 CERTIFICATION OF INDEPENDENT PRICE DETERMINATION 

(a) Each signature of the bidder is considered to be a certification by the 
signatory that: 

1) The prices in this contract have been arrived at independently, without, 
for the purpose of restricting competition, any consultation, 
communication, or agreement with any bidder or competitor relating to: 

(i) those prices 

(ii) the intention to submit a contract, or 

(iii) the methods or factors used to calculate the prices in the 
contract. 






2] The prices in this Contract have not been and will not be knowingly 
disclosed by the Bidder, directly or indirectly, to any other Bidder or competitor 
before Contract opening unless otherwise required by law; and 

3) No attempt has been made or will be made by the bidder to induce any 
other concern to submit or not to submit a contract for the purpose of restricting 
competition, 6 

(b) Each signature on the bid is considered to be a certification by the 
signatory that the signatory: 

1) Is the person in the bidder's organization responsible for 
determining the prices being offered in this contract, and that the signatory 
has not participated and will not participate in any action contrary to 
subparagraphs (a)(1) through (a)(3) above; or 

2) Has been authorized, in writing, to act as agent for the following 
principals in certifying that those principals have not participated, and will not 
above- PatC '" a " y aCti0 " C ° ntrary t0 sub P ara graphs (a)(1) through (a)(3) 

Anders P. Ganten, Senior Director, Government Cont ent Acquisition 

(insert fill name ofperson(s) in the organization responsible for determining 
Reprices offered in this contract and the title of his or her position in the 
bidder s organization); 

As an authorized agent, does certify that the principals named in subdivision 
(b)(2) above have not participated, and will not participate, in any action 
contrary to subparagraphs (a)(1) through (a)(3) above; and 

As an agent, has not participated, and will not participate, in any action contrary 
to subparagraphs (a)(1) through (a)(3) above. 

[c] If the bidder deletes or modifies subparagraph (a)(2) above, the bidder 
must 

furnish with its bid a signed statement setting forth in detail the circumstances 
of the disclosure. 






SECTION L: INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS 

LI METHOD OF AWApn 

111 The Council reserves the right to accept/ reject any/all bids resulting from this 

solicitation. The Contracting Officer may reject all bids or waive any minor 
informality or irregularity in bids received whenever it is determined that 

Slirh art-inn ic in tha had- !n» nPI ,„f „f»u_ r- a 



L.1.2 



L.2.1 



L.2.2 



* -- - - q ~~j ... u,m*> ib\,vivLu win: 

such action is in the best interest of the Council. 

The Council intends, but is not obligated, to award single contracts) resulting 
irom this solicitation to the responsive and responsible bidderfs] who 
has/have the lowest bid(s). 



L-2 PR EPARATION AND SUBMISSION OF RIIX 



Bidders shall submit a signed original and three (3) copies. The Council will 
not accept a facsimile copy of a bid as an original bid. AH items accepted by 
the Council, all pages of the Invitation for Bids (1FB), all attachments and all 
documents containing the bidder's offer shall constitute the formal contract. 
Each bid shall be submitted in a sealed envelope conspicuously 
marked: "Bid in Response to Solicitation No. (as specified in Section 
A.3) 

The original bid shall govern if there is a variance between the original bid and 
the copy submitted by the bidder. Each bidder shall return the complete 
solicitation as its bid. 



L.2.3 The Council may reject as non-responsive any bid that fails to conform in any 

material respect to the Invitation for Bids. 

L.2.4 The Council may also reject as non-responsive any bids submitted on forms not 

included in or required by the solicitation. Bidders shall make no changes to the 
requirements set forth in the solicitation. 

L3 FAMILIARIZATION WIT H CONDITIO NS fSERVirPS) 

Bidders shall thoroughly familiarize themselves with the terms and conditions 
of this solicitation, acquainting themselves with all available information 
regarding difficulties which may be encountered and the conditions under 
which the work is to be accomplished. Bidders will not be relieved from 
assuming all responsibility for properly estimating the difficulties and the cost 
of performing the services required herein due to their failure to investigate 
the conditions or to become acquainted with all information, schedules and 
liability concerning the services to be performed. 






L 4 BID SUBMIS SION DATF. AMD TIJ MF 

Bids must be submitted no later than 4:00 pm Eastern Standard fEST] 
time on April 24, 2012, 

L-5 WITHDRA WAL QR MODIFICATION OF pine 

A bidder may modify or withdraw its bid upon written, email notice, or facsimile 
transmission if received at the location designated in the solicitation for 
submission of bids, but not later than the exact time set for opening of bids. 

L6 IATE SUBMISSIONS. LATE MODIFICATION S . AND LATF WITHDRAWALS 

L.6.1 Bids, modifications to bids, or requests for withdrawals that are received in the 

designated District office after the exact local time specified above, are "late" and 
shall be considered only if they are received before the award is made and one 
(i) or more of the following circumstances apply: 

a. The bid or modification was sent by registered or certified mail no later 
than the fifth (5th) day before the date specified for receipt of bids; or 

b. The bid or modification was sent by mail and it is determined by the 
Contracting Officer that the late receipt at the location specified in the solicitation 
was caused by mishandling by the Council after receipt. 

L.6.2 POSTMARKS 

The only acceptable evidence to establish the date of a late bid, late 
modification or late withdrawal sent either by registered or certified mail 
shall be a U.S. or Canadian Postal Service postmark on the wrapper or on the 
original receipt from the U.S. or Canadian Postal Service. If neither postmark 
shows a legible date, the bid, modification or withdrawal shall be deemed to 
have been mailed late. When the postmark shows the date but not the hour the 
time is presumed to be the last minute of the date shown. If no date is shown on 
the postmark, the bid shall be considered late unless the bidder can furnish 
evidence from the postal authorities of timely mailing. 

L.6.3 Late Submissions 

A late bid, late request for modification or late request for withdrawal shall not be 
considered, except as provided in this section. 



L.6.4 Late Modifications 

A iate modification of a successful bid which makes its terms more favorable 
to the District will be considered at any time it is received and may be 
accepted. 

L.6.5 Late Bids 

A iate bid, late modification or late withdrawal of a bid that is not considered 
shall be held unopened, unless opened for identification, until after award and 
then retained with unsuccessful bids resulting from this solicitation. 

L7 HAND DELI VERY QR M AILING OF RIDS 

Bidders must deliver or mail their bids to the address in Section A 8 of the cover 
page. 

L .8 ERRORS IN RIDS 

Bidders are expected to read and understand fully all information and 
requirements contained in the solicitation; failure to do so will be at the 
bidder's risk. In the event of a discrepancy between the unit price and the total 
price, the unit price shall govern. 

L-9 QUESTIONS ABOUT THE SOLICITATION 

If a prospective bidder has any questions relative to this solicitation, the 
prospective bidder shall submit the questions in writing to the Contracting ' 
Officer. The prospective bidder shall submit questions no later than five (5) 
days prior to the closing date and time indicated for this solicitation. The 
District will not consider any questions received less than five (5) days before 
the date set for submission of bids. The District will furnish responses 
promptly to all other prospective bidders. An amendment to the solicitation 
will be issued, if that information is necessary in submitting bids, or if the 
lack of it would be prejudicial to any other prospective bidders. Oral 
explanations or instructions given before the award of the contract will not be 
binding. 

L10 FAILURE TO SUBMIT RIDS 

Recipients of this solicitation not responding with a bid should not return this 
solicitation. Instead, they should advise the Contracting Officer, by letter or 
postcard whether they want to receive future solicitations for similar 






requirements. It is also requested that such recipients advise the Contracting 
Officer, of the reason for not submitting a bid in response to this solicitation. If a 
recipient does not submit a bid and does not notify the Contracting Officer 
that future solicitations are desired, the recipient's name may be removed 
from the applicable mailing list. 



Lll BID PROTEST? 



Any actual or prospective bidder or Contractor who is aggrieved in 
connection with the solicitation or award of a contract, must file with the D C 
Contract Appeals Board (Board) a protest no later than 10 business days after 
the basis of protest is known or should have been known, whichever is 
earlier. A protest based on alleged improprieties in a solicitation which are 
apparent prior to bid opening or the time set for receipt of initial bids shall be 
hied with the Board prior to bid opening or the time set for receipt of initial 
bids. In procurements in which bids are requested, alleged improprieties 
which do not exist in the initial solicitation, but which are subsequently 
incorporated into this solicitation, must be protested no later than the next 
closing time for receipt of bids following the incorporation. The protest shall 
be filed in writing, with the Contract Appeals Board, 717 14th Street NW 
Suite 430, Washington, D.C. 20005. The aggrieved person shall also' mail a 
copy of the protest to the Contracting Officer. 

L12 SIGNING OF Rins 

L.12.1 The Contractor shall sign the bid and print or type its name on the 

Solicitation. Offer and Award form of this solicitation. Each bid must show a 
full business address and telephone number of the bidder and be signed by 
the person or persons legally authorized to sign contracts. Erasures or other 
changes must be initialed by the person signing the bid. Bids signed by an 
agent shall be accompanied by evidence of that agent's authority, unless that 
evidence has been previously furnished to the Contracting Officer. 

L.12.2 All correspondence concerning the bid or resulting contract will be mailed to 
the address shown on the bid in the absence of written instructions from the 
bidder or Contractor to the contrary. Any bid submitted by a partnership must 
be signed with the partnership name by a general partner with authority to 
bind the partnership. Any bid submitted by a corporation must be signed 
with the name of the corporation followed by the signature and title of the 
person having authority to sign for the corporation. Bidders shall complete 
and sign all Representations, Certifications and Acknowledgments as 
appropriate. Failure to do so may result in a bid rejection. 






L13 ACKNOWLE DGMENT OF AMENDMRNTS 

The bidder shall acknowledge receipt of any amendment to this solicitation 
(aj by signing and returning the amendment; (b) by identifying the 
amendment number and date in the space provided for this purpose in 
Section A.14 of the solicitation; or (c) by letter or telegram, including 
mailgrams. The District must receive the acknowledgment by the date and 
time specified for receipt of bids. Bidder's failure to acknowledge an 
amendment may result in rejection of the bid. 

L14 LEGAL STAT US OF BinnFR 

Each bid must provide the following information: 

L. 14.1 Name, address, telephone number, D-U-N-S number and federal tax identification 

number of bidder; 

L.15.2 A copy of each District of Columbia license, registration or certification that 

the bidder is required by law to obtain. This mandate also requires the bidder 
to provide a copy of the executed "Clean Hands Certification" that is 
referenced in D.C. Official Code §47-2861 et seq. (2001), if the bidder is 
required by law to make such certification. If the bidder is a corporation or 
partnership and does not provide a copy of its license, registration or certification 
to transact business in the District of Columbia, the bidder shall certify its 
intent to obtain the necessary license, registration or certification prior to 
contract award or its exemption from such requirements; and 

L.15.3 [f the bidder is a partnership or joint venture, the names and addresses of the 

general partners or individual members of the joint venture, and copies of 
any joint venture or teaming agreements. 

L -16 STANDARD S OF RESPONSIBILITY 

The prospective Contractor must demonstrate to the satisfaction of the Council 
the capability in all respects to perform fully the contract requirements, 
therefore, the prospective Contractor must submit the documentation listed 
below, within live (5) days of the request by the District. 

L.16.1 Evidence of adequate financial resources, credit or the ability to obtain such 

resources as required during the performance of the contract; 

L.16.2 Evidence of the ability to comply with the required or proposed delivery or 

performance schedule, taking into consideration all existing commercial and 
governmental business commitments; 






L.16.3 Evidence of the necessary organization, experience, accounting and operational 
control, technical skills or the ability to obtain them; 

L.16.4 Evidence of compliance with the applicable District licensing and tax laws and 
regulations; 

L16.5 Evidence of a satisfactory performance record, record of integrity and business 

ethics; 

1-16.6 Furnish evidence of the necessary production, construction and technical 
equipment and facilities or the ability to obtain them; 

L.16.7 Evidence of other qualifications and eligibility criteria necessary to receive an 
award under applicable laws and regulations; and 

L.16.8 |f the prospective Contractor fails to supply the information requested the 
Contracting Officer shall make the determination of responsibility or non- 
responsibility based upon available information. If the available information is 
insufficient to make a determination of responsibility, the Contracting Officer 
shall determine the prospective Contractor to be nonresponsive.